Regarding the explanation of some terms in the State Compensation Law , I hope you can help

The sources of State compensation law are the various forms of legal documents that contain the legal norms of State compensation. It cannot simply be understood as the origin of the law of State compensation. The sources of China's national compensation law mainly include:

1) Constitution (2) Law (3) Landlord Regulations, Autonomous Regulations and Special Regulations.

The forms of compensation for state compensation are:

1. Monetary compensation: refers to the compensation method that gives a certain amount of money to the victim in the form of monetary payment after calculating or estimating the degree of damage to the victim of the old group.

Then the file is 2The State Compensation Law of the People's Republic of China was adopted by the Eighth National People's Congress on May 12, 1994 and amended in accordance with the Decision on Amending the State Compensation Law of the People's Republic of China at the 14th Session of the Standing Committee of the Eleventh National People's Congress on April 29, 2010. Article 2 of the Act provides:

Where state organs and their functionaries in the exercise of their functions and powers infringe upon the lawful rights and interests of citizens, legal persons, and other organizations as provided for in this Law, and cause harm, the victims have the right to obtain state compensation in accordance with this Law. The organs with compensation obligations provided for in this Law shall promptly perform their compensation obligations in accordance with this Law. Sun rent.

It refers to the liability of the state for compensation borne by organs and organizations with state administrative functions and powers and their staff members when they infringe upon the legitimate rights and interests of citizens, legal persons or other organizations due to illegal acts in their duties. (See Administrative Law, edited by Zheng Chuankun, first edition, 2007, p. 416.) ）

Administrative compensation is easily confused with administrative compensation, which is a remedy given in the normal exercise of administrative power due to certain circumstances that cause damage to legitimate rights and interests. Compensation arises when the administrative act itself is unlawful, while compensation arises when it is not unlawful. For example, if the police arrest a fugitive and urgently requisition a citizen's car, causing damage to the vehicle, they can only claim compensation, not compensation.

Administrative compensation specifically refers to the liability of administrative organs and their staff members for damage to the legitimate rights and interests of citizens, legal persons and other organizations due to the illegal exercise of administrative powers. The administrative organ that took the specific administrative act is generally the organ with the obligation to make compensation.

State Compensation Law of the People's Republic of China

Where two or more administrative organs infringe upon the lawful rights and interests of citizens, legal persons, and other organizations in the joint exercise of administrative powers, causing harm, the administrative organs jointly exercising administrative powers are the organs with a joint obligation to compensate.

State Compensation Law of the People's Republic of China

Article 8. After reconsideration by the reconsideration organ, the administrative hangar that initially caused the infringement is the organ with the obligation to compensate, but if the reconsideration organ's reconsideration decision aggravates the damage, the reconsideration organ shall perform the obligation to compensate for the aggravated part.

Explanation of compensation.

1) [indemnify] compensation for loss, damage or injury The insurance company compensates him for his loss (2) [satisfy] compensation or indemnity to the injured party Conclude an indemnity treaty explaining in detail the loss suffered by others as a result of their own actions and thus give compensation. "Yuan Dian Zhang· Household Department II. Sub-examples: If there is a support that should not be, the person shall be compensated.

Ming Gaoming's "Pipa Chronicles: Yicang Relief" is good blue: "Xianggong, villains can't be recruited, since the ancient road has been turned east and west, it is difficult to teach villains to compensate." Zhao Shuli, "Li Youcai's Words" VI:

These are all trivial matters, and the most hateful thing is that the money that Xifu compensated the masses for their losses was transferred to the Armed Forces Commission. ”

Word decomposition Explanation of compensation compensation (compensation) é compensation loss: compensation. Reparations.

Apologies. Make amends. Compensation is not .

Loss, as opposed to "earn": loss. Money.

lost his wife and folded his soldiers (Yu Ben wanted to take advantage of the socks, but instead of taking advantage of it, he suffered a loss). Earn radical : shell; Explanation of compensation (compensation) á return potato qi , repayment:

Repay. Die. Debt repayment.

Indemnify. Pay for one's whistle. Satisfied:

Get one's way. Radical: 亻.

Only administrative entities can enjoy administrative power, carry out administrative acts, and constitute administrative compensation. Of course, the administrative body is composed of administrative personnel, and administrative acts are made by administrative personnel. As a result, administrative subjects are often concretized into the relevant administrative personnel.

Without an administrative body, it cannot constitute administrative compensation. Compensation arising from judicial organs as the subject of judicial power, administrative organs as legal persons, and administrative personnel as citizens, etc., are not administrative compensation.

Only administrative acts, that is, the acts of administrative subjects exercising administrative power and performing official duties, can constitute administrative compensation. Non-administrative acts, such as legislative acts of the legislature, judicial acts of judicial organs, civil acts of administrative organs, and personal acts of administrative personnel, cannot constitute administrative compensation.

Administrative compensation is caused by the administrative entity's illegal administrative infringement of the lawful rights and interests of the counterpart and the damage caused. First of all, the illegal administrative act infringes upon the legitimate rights and interests of the counterpart. An illegal administrative act can only constitute administrative compensation if it infringes upon the lawful rights and interests of the counterpart, that is, it is an administrative infringement.

If the infringement is not the legitimate rights and interests of the counterpart, it cannot constitute administrative compensation; If there is no infringement of the legitimate rights and interests of the counterparty, such as illegal tax reduction and exemption in favor of the counterparty, it cannot constitute administrative compensation.

If the deprivation of the illegal interests of the counterparty is carried out, it cannot constitute administrative compensation. Second, if the administrative infringement has caused actual damage, if the illegal administrative act has not caused actual damage, such as an administrative act that does not hold a hearing but does not affect the substantive rights and obligations of the counterparty, or the administrative damage is not caused by the administrative act, if it is caused by the fault of the counterparty itself, it cannot constitute administrative compensation.

Administrative compensation refers to a system in which the state bears the responsibility for compensation for violations of the lawful rights and interests of citizens, legal informants or other organizations by state administrative organs and their functionaries in the course of exercising their powers and causing damages. Only administrative acts, that is, the acts of administrative subjects exercising the power of the Mainland Party and performing official duties, can constitute administrative compensation. Non-administrative acts, such as legislative acts of the legislature, judicial acts of judicial organs, civil acts of administrative organs, and personal acts of administrative personnel, cannot constitute administrative compensation.

State Compensation Law of the People's Republic of China

1) Unlawful detention or unlawful adoption of administrative compulsory measures restricting citizens' personal freedom;

2) Unlawful detention or other unlawful deprivation of a citizen's personal liberty;

3) Causing bodily injury or death to citizens by beating or abusing others, or instigating or indulging others to beat or abuse others;

4) Illegally using ** or police equipment to cause bodily injury or death to citizens;

5) Other illegal acts that cause physical injury or death to citizens.